An abstract of a treatise concerning the payment of tythes and oblations in London shewing the antiquitie of those payments according to the rents of houses : that they were payed by positive constitutions, according to the true value of the houses, ever since the yeare 1230 and by antient costome long before : till the quantitie, not the name or nature was altred in time of Henry 8 from 3.s. 6.d. in the pound, to 2. s. 9. d. in the pound as it is now : the liberall maintenance of the clergie of London in former times : the award and Proclamation 25. Henry 8 confirmed by Act of Parliament 27, Hen. 8 : the matters now controverted about double leases, annuall fines, &c. and concerning the jurisdiction ecclesiasticall for tythes of London : a generall survey of the value of the London benefices both as they are now, and also what they might arise unto if tythes were truly payed according to the value of houses : the moderate demands of the clergie, with other matters pertinent to this subject.

An abstract of a treatise concerning the payment of tythes and oblations in London shewing the antiquitie of those payments according to the rents of houses : that they were payed by positive constitutions, according to the true value of the houses, ever since the yeare 1230 and by antient costome long before : till the quantitie, not the name or nature was altred in time of Henry 8 from 3.s. 6.d. in the pound, to 2. s. 9. d. in the pound as it is now : the liberall maintenance of the clergie of London in former times : the award and Proclamation 25. Henry 8 confirmed by Act of Parliament 27, Hen. 8 : the matters now controverted about double leases, annuall fines, &c. and concerning the jurisdiction ecclesiasticall for tythes of London : a generall survey of the value of the London benefices both as they are now, and also what they might arise unto if tythes were truly payed according to the value of houses : the moderate demands of the clergie, with other matters pertinent to this subject.

An abstract of a treatise concerning the payment of tythes and oblations in London shewing the antiquitie of those payments according to the rents of houses : that they were payed by positive constitutions, according to the true value of the houses, ever since the yeare 1230 and by antient costome long before : till the quantitie, not the name or nature was altred in time of Henry 8 from 3.s. 6.d. in the pound, to 2. s. 9. d. in the pound as it is now : the liberall maintenance of the clergie of London in former times : the award and Proclamation 25. Henry 8 confirmed by Act of Parliament 27, Hen. 8 : the matters now controverted about double leases, annuall fines, &c. and concerning the jurisdiction ecclesiasticall for tythes of London : a generall survey of the value of the London benefices both as they are now, and also what they might arise unto if tythes were truly payed according to the value of houses : the moderate demands of the clergie, with other matters pertinent to this subject.

Table of contents

Title page

AN ABSTRACT of a Treatise concerningthe payment of Tythes and Oblations in London.

CHAP. I. A Historicall narration of the payment of Tythes and Oblations from the time of ROGER NIGER Bishop of London, about the yeare 1230. till the 37. of HENRY the 8.

CHAP. II. The liberall maintenance of the Clergie of London, before the 25. of Hen. 8. by Tythe of 3. s. 6. d. in the pound, according to the true value of houses, the cheapnesse of those times, conscientiousnesse in paying Pe•sonal Tythes, duties of Weddings, Burials, Churchings, &c. Chauntries, obits, &c.

CHAP. III. The decimarie of St. Magnus London, with the Rents and Tithes of every house, according to the rate of 3 s. 6 d. in the pound, with the other duties for Burials, and Christnings, Weddings, &c. taken Anno 9. Hen. 7. and about that time printed.

The value and stint of of the Benefice of St. Magnus at London Bridge, yearely to their Parson. The Reckoning of the same the first day of December, Anno Domini 1494.

These be the costs and charges belonging to the same Church of St. Magnus.

In this Rentall of St. Magnus wee may observe.

CHAP. IV. The award and Proclamation for the 2 s, 9. d. in the pound, 25. Henry 8. confirmed by Act of Parliament, 27. Hen. 8.

The Coppie of the Kings Letters Pattents, wherein the award is recited and confirmed.

A Proclamation concerning payment of Tythes and oblations, as well within the City of LONDON, or elsewhere within the Realme.

Thomas Berthelet Regius Impressor Excudebat. Cum Privilegio.

CHAP. V. Concerning the meaning of the Decree of 37. Hen. 8. that Tythe is due according to improved Rent, if reserved by that name of Rent, granted by the City Counsell. The case of double Leases, annuall Fynes, Arguments on both sides. Answers to the Legality, and convenience of paying according to improved rent: A briefe survay of the Livings, as they now are, and they could arise unto according to the value of houses, with the moderate desires and demands of the present Clergie, in the late suite before his Majesty.

Decree in the Exchequer, for the true value in Ivats case. 16 Iac.

CHAP. VI. The second Case concerning Ecclesiasticall Iurisdiction for Tythes in London. That the Lord Majors power is not exclusive to the Ordinaries, but onely accumulative.

Errata graviora.

§

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AN ABSTRACT OF A TREATISE concerning the payment of Tythes and Oblations in LONDON.

SHEWING The Antiquitie of those payments according to the Rents of Houses; That they were payed by positive Constitutions, according to the true value of the Houses, ever since the yeare 1230. and by antient Custome long before, till the quantitie, not the name, or nature was altered in time of Henry 8. from 3.s. 6.d. in the pound, to 2.s. 9.d. in the pound as it is now.

The liberall maintenance of the Clergie of London in former times.

The Award and Proclamation 25. Henry 8. confirmed by Act of Parliament 27. Hen. 8.

The matters now controverted about double Leases, annuall Fines, &c. and concerning the Jurisdiction Ecclesiasticall for Tythes of London.

A generall Survey of the Value of the London Benefices both as they are now, and also what they might arise unto if Tythes were truly payed according to the value of Houses.

The moderate Demands of the Clergie, with other matters pertinent to this Subject.

Printed, Anno Dom. MCDXLI.

AN ABSTRACT of a Treatise concerningthe payment of Tythes and Oblations in London.

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CHAP. I. A Historicall narration of the payment of Tythes and Oblations from the time of ROGER NIGER Bishop of London, about the yeare 1230. till the 37. of HENRY the 8.

BY the Custome of London, the Parish Churches were antiently endowed with certain Oblations, viz. one Farthing of every ten shillings rent of all Houses, Shops, &c. to bee offered by the Parishioners upon every Sunday, and upon every solemne and double feast, especially and by names of the Apostles whose Eeves were fasted: Which offerings comming to more [Page] then a tenth part of the rent,L [...]ndw [...]o [...] lib 3 tit de De [...]mis cap. sanct. Ec [...]l. verbo. Negoti [...]tionem [...]ol. 103. were payd in lieu of prediall tithes of the Houses, and in recompence of the want of Gleabe, as appeares at large by Lindwood and by other Records hereafter mentioned.

The Citizens neglecting to pay the said Offerings or Tythes to their owne Curates, and giving part thereof to the Dominicans and Franciscans, who were lately come over and began to Preach heere, and draw people after them,Roger Niger Constitu [...]ion about Anno H 3 1230. Booke of Common Customes of London, fol. 18. Dr. Tildsley, in Prefat. contra Selden. a Constitution was made about the yeare 1230. by Roger Niger Bishop of London (authoritate ordina [...]ia) commanding all to pay to their owne Curates, as is before expressed, Et prout lo [...]ge retroactis temporibus consuetum extiterat.

After this when Rents increased, the Citizens refused to pay, if the rent came to above 40. s. per annum, Arundels Constitution, anno 1397.21. R. 2. extant in the Office. Lib. Arundell, fol. 1. & in the booke of Common Customes. pretending that no more was intended by Nigers constitution. Whereupon a constitution was made by Thomas Arundell Archbishop of Canterbury, declaring the [...]ormer, viz. That they should pay the said offerings or tythes to whatsoever summethe rent should amount; and this sub paena majoris Excommunicationis.

These Constitutions were confirmed by Pope Innocent the 7th in his Bull dated in May 1406. Et pontificatus Anno secundo, Pope Innocents Bull in the booke of Customes. and all defects supplyed, if any were.

[Page]After this the Citizens pretending a copie of Roger Nigers constitution (which was adjudged afterwards to bee spurious) would pay onely on Sundayes,Anno 1453. 3 [...] Hen. 6. Pope Nich. Bull recited at large in the Booke of Customes, fol. 19, 20, 21. &c and the Apostles dayes, not on the other solemne and double Feasts; Whereupon Robert Wright of St. Edmunds Lumbard-street was cited before the Ordinary, and sentence given against him, and upon appe [...]le, first to the Popes Commissary, and after to the Pope himselfe, the sentence was twice affirmed, and upon the Letters of King Henry the 6. Pope Nicholas the 2. sent out his Bull commanding the Citizens to pay upon all the said Feasts, authorising the Ordinaries to enquire hereof at the Visitations and to curse the offenders, 7. Idus Aug. & Pontif. anno 7.

The same yeare before the Bull was received,An award 31▪ H. 6. mentioned in the Act of Common Councell, 31. H. 6. & recited at large in the booke of Customes. an award or Composition was made by eight arbitrators, wherein some dayes are left out which are appointed by the Bull, the whole offering in 52. Sundayes and 22. Holidayes, amounting to 3. s. j. d. in the pound, which award was agreed by Act of Common Councell, 31. H. 6.

After this (by Act of Common Councell) the Citizens bind themselves in all things to obey the Bull of Pope Nicholas, Act of Cōmon Counc [...]ll, 31. H. 6. according to which they payed for so many dayes that the Tithe or oblation amounted [Page] to 3. s. 6. d. in the pound,Bull received by Act of Cō mon Councell 14. Edw. 4. 3. Martij 1474, 3. [...]. [...]. d. in the pound. 14. d. in the Noble, 1. s. 9. d. in the halfe pound, and not long after in regard it was troublesome to offer every day in time of divine service, by mutuall consent the same was payed either once at Easter, or quarterly by the name of oblations or Tythes, [...]s appeares by the Decimary of St. Magnus Anno 1494, about 7. Hen. 7. in the Booke of Common Customes, and by sundry suites and sentences in the Arches, and by the Bill of the Parsons exhibited to the common Counsell 19. Hen. 8. remaining on Record in the Guild-hall, and by Records of a suite in Starre-chamber 25. Hen. 8.

Upon occasion of sentence gi [...]en in the Arches, 18. Hen. 8. against Robert Hearne of St. Mildreds Poultry for 14. d. in the Noble, the Citizens complaine in Common Counsell, that the Curates tooke above the rate appointed by the Bull, viz. 14. d. in the Noble, whereas they should have nothing, unlesse the rent came to 10. s. and so ascending from ten shillings to 10. s. and not under,Acts of Co [...] mon Counsell A [...]o 1 [...]. and 20. H. 8. in the Guild-Hall. and also they sent Bills to every Church, shewing what dayes should bee paid for, according to which computation of theirs the Tythes came to 3. s. 5. d. in the pound, which was 1. d. lesse then formerly, & they order that nothing should be pay'd for any summe vnder 10. shillings, [Page] and desire that the Bull may be published in English 4 times a yeare, as was pr [...]scribed, & had bin disused, An. 25. H. 8. when the Popes power was abrogate, some Citizens pretending they should runne into a premunire, by obeying the Bull; refused to pay either according to the Bull, or to any former constitution or custome, and put up a Bill in Star-chamber against some parsons that sued in the Spirituall Court, praying that they might pay onely two shillings in the pound (as other Parishes without the liberties did) in which suit after publication, both parties submitted the cause to the Lords, who ordered the Tythe to be onely 2 s. 9. d. in the pound, and 16 d. ob. in the halfe pound, dividing the controverted Summe viz. 18. d. per pound,O. de [...] for 2 [...]. 9 d. 25. H. 8. by abating 9. d. of what the Clergy would have, and adding 9 d. more then the Citizens could have paid.

This Order was confirmed by the Kings Letters Pattents,Letters pattents and Proclamations Apr. 2.25. Hen. 8. and by Proclamation upon paine of fyne and imprisonment, at the Kings pleasure, and by divers Acts of Common Counsell made the same yeare, and remaining upon Record in the Guild-hall.

The same was confirmed by Act of Parliament 27. Hen. 8. to continue till some other order should be made by the 32 persons to be chosen for reforming Ecclesiasticall [Page] Lawes; and by this Act the Major hath pow [...]r to commit such Citizens, as refuse to pay according to such order.Act of Parliam [...]nt 27. H. 8,

According to this Order, divers sentences passed in the E [...]clesiasticall Courts, upon emergent controversies of one for the Parson of St. Dunstans last, for tythe of Wharfes and C [...]anes, which sentence was given in the Arches 30. H. 8. by a Doctor of Law, especially delegated from the King.

Another for tythe of shops, divided from houses, for the Parson of St. Magnus in the same Court.

Anno 35. H. 8. new controversies arising about Brew-houses, Dy-houses, Cranes, &c. a Bill was put up in Parliament by the City,In a little trea [...]is [...] of tythes of London, entit [...] led 36, H. 8. by a Citizen. which passed the Commons, but was stayed by the Lords, containing among other things, that for new buildings, no Tythes be payed, so long as the Owner lived therein himselfe; but if they were let out, then to pay the Tythe as other houses: and that all Tythes should be recovered by processe in the spirituall Court, or Action of debt at the Common Law, and no otherwise.

Anno 37. Hen. 8. for composing all differences, an Order or award was made by certaine Lords,Decree 37, H. 8 Act of Parliame [...]t 37 H. 8. which is the decree now in question, and an Act of Parliament passed, that such order as the Lords Referrees, or any 6 of them should make before the first of March then next following, and enrolled in Chancery, [Page] should stand as an Act of Parliament, & bind the said p [...]rties, their heires and successors for ever.Act in the Bish [...]ps R [...]s [...]gry, This Decree was made by the Lords, Feb. 24, 1545. which was delivered the next day to the Bishop of London, who the s [...]me day caused his Register to endorse an Act on the back side thereof, testifying his receit thereof from the Lords, and his comm [...]nd to the Register to keepe it safely, causing divers persons to attest the same.

This last Decree or award is now extant among the statutes, but the order of 25. H. 8, and the Procl [...]mation therupon, which are still of as much force as the other, and more beneficiall to the Clergie, being not extant in print, are hereafter added, taken out of authentick Records. After this in the time of King Ed. 6. The citizens still neglecting to pay their tithes, order was given by the K. & his Counsell to Bi. Bonner among other instructions, when he was appointed to preach at Pauls Crosse, to cause the Citizens to pay their tythes better. Aug. 11. 3. Ed. 6. as appeares in Fox his Monuments, fol. 1187. Vol. 2. Col. 2 Artic. 5. After this, about the middle of Q. Eliz. raign, the rents of Houses being inhanced, as the pric [...]s of all other things were, divers devices were found out, to prevent & defraud the Parsons of their Tythe,* [Page] of which grievances they have often complained, and by these meanes are so many of the beneficies so poore, as we shall shew cap. vlt.

CHAP. II. The liberall maintenance of the Clergie of London, before the 25. of Hen. 8. by Tythe of 3. s. 6. d. in the pound, according to the true value of houses, the cheapnesse of those times, conscientiousnesse in paying Pe [...]sonal Tythes, duties of Weddings, Burials, Churchings, &c. Chauntries, obits, &c.

WEE see then the nature of these payments. Now that it may appeare how well the parochial Clergie of London were provided, for in former times, in comparison of ours; wee may consider these particulars.

1 That the Citizens payed their Tythes according to 3 s. 6. d. in the pound, and that according to the true value of the Houses (Prout locari poterant) as it is in the Bull of Pope Nichol [...]s, and in the award of 31. H. 8. above mentioned. Now if the payment of 2. s. 9. d. be thought so much, if it should bee truely payed without fraud, that nothing is more o [...]jected, then that the Ministers would have too much, and be too rich; what [Page] thinke they of 3. s. 6. d. in the pound, which was duely paid, as will bee made cleare with out any contradiction?

Hence it is in part: That the Benefices in London came to be so highly rated and valued in the Exchequer, some at 100. marks some at 70. pound, and upwards, divers at 30. and 40. pounds: and few und [...]r 20 l. or thereabouts, when as yet the Tythe of divers of them, is not at this day above 20 l. or 30 l. and some scant so much in present [...]ythes, as they were then taxed; and whereas other livings in the Country are generally improved (where they are not kept downe by unconscionable Customes, or modi decimandi) since the said valuation, according as all other things are to 8. or 10. times as much, yet divers benefices within the walls of London, are scarce doubled in Tythes since that time: yea some have stood at a stint ever since, and are hardly so much, as they were then.

That one penny then, was as much as 3. d. is 2 now; as appeareth by the statute [...]. H. 3. whe [...]e a penny is the 20 part of an ounce, [...]ince which time from 20 d. the ounce it was reduced to 26 d. 9. Ed. 3. to 32. d. in 2 Hen. 6. to 40. d. in the 5. Ed. 4. to 45. d. 31. Hen. 8. and to 60. d. 2. Eliz. which continues to this day; and so by that account 2. s. 9. d. [Page] in the pound then, was as much as 8 s. 3 d. of the money which is now payed, though the finenesse of the Coyne, did then also exceed ours, besides the low pri [...]es of victuals, and all other necessaries, which came so far short of the enhanced prices in these times, that 1 d. then would goe farther, not onely then 3 d. of our mony (which it equalled in value) but farther then 1 s. now, as will appeare if we looke at the price of Corne and other victuals in those times, which we find mentioned in credible records.

In the said Act of Parliament in 51. H. 3. which was Anno 1267. somewhat after Roger Nigers time; made for the assize of bread, and of Beere, and Ale, for Bakers and Brewers, are mentioned the prices of Wheat, Barley and Oates: and provision is made that when a quarter of wheat, containing 8 bushels, was at 12 d, what the assize of bread should be, and so from 12 d. to 12 s. which was then supposed the highest prices that it could at [...]ny time amount unto, as that some times it was but 12 d. a quarter.

It is also there ordered, that Beere and Ale should be sold in Cities and Townes, according to the prices of Barley and oates [Page] two or three Gallons a penny, and in the Country three or foure Gallons for a penny; whereas now, the ordinary price of wheate is foure s. a quarter, and sometimes in deare yeares 3 l. or 4 l. a quarter, and Beere and Ale sold at farre greater prices; according to the prices of corne, wee may conceive were the prices generally of other things, as Beeves, Muttons, &c.

There is in the Exchequer a Booke called the Black Booke, See the new booke of Assizes for bread, &c, composed 23. Hen. 2. Anno 1177. about Rules and Orders in the Exchequer, and among other things there is mentioned, that for provision of the Kings houshold from the time of Hen. 1. the Officers of the Houshold reducing their victuals to an estimate of money, did value a measure of wheat to make bread for 100. men at 12 d. the Carcasse of a fat Oxe at 12 d. A fat sheepe at 4▪ d. and for the provander of 20 horses 4 d. during the most part of the Raigne of that King Henry, a quarter of Wheat was sold for 12 d.

After this, in the yeere 1299. when [...]h [...]re was a great Dearth, by Act [Page] of Common Counsels 27. Ed. 1. these pr [...]ces were set on victuals, by consent of the King and Nobility; which were then counted very high prices. A fat Cock 1. d. ob. A fat Capon 2. d. ½. two Pullets 1. d. ob. A fat Lambe from Christmas to Shrovetid [...] 6. d. All the rest of the yeare 4. d. And in the yeare 1314. in 8. Ed. 2. to moderate the extreame Rates of all, these were appointed by Act of Parliament: A Corne-fed Oxe 24. s. A fat stall'd Cow 12. s. another 10. s. A grasse-fed Oxe 16. s. A fat Mutton 14. d. A fat Goose 2. d. ob. A fat Capon 2. d. 24. Egs 1 d. &c.

After this, Anno 1379. in 3. Rich. 2. a bushell of wheat was at 6. d. a Gallon of white wine 6. d. of Red 4. d. Anno 10. Rich. 2. which was in the yeare 1387. at Leicester, 100. quarters of barley were sold for 100. s.

Anno 1554. And 22. Hen. 6. a quarter of wheate was sold for 12. d. or 14. [...]. One farmer dwelling at Rosey Towne, or Cruse Rosey in Hartfordshire, sold 20 quarters of the best wheat for 20 s.

Yea in later times, if we come lower, even in the time of Hen. 8. when prices were farre higher then before, at the Sergeants Feasts at Ely House Anno 23. H. 8. (as Stow relates) great Beeves brought from the Shambles, were at 26 s. 8 d. a peece, the encrease [Page] of an Oxe 24. s. a fat Mutton 2. s. 10. d. &c. and to come lower and neerer yet 10 Mariae a barrell of Beere was sold for 6. d. Cask and all, and 4. great loafes 1. d. and 5 [...] Mariae Anno 1557, a quarter of Wheat was sold for 5. s.

According to which cheapenesse of the times, were all fees, wages, and Salaryes; a Knights fee or sufficient livelihood for a Knight was so much land as was worth 20. l. per annum, as Cooke proveth out of the Statute of 1. Edw. 2. de militibus, and of Westminster 2. Cap. 35. and Fitzherbert Nat. brev. fol. 82. where he tels vs that antiquity thought 400 markes per annum competent maintenance for a Baron and 400 l, per annum, ad sustinendum nomen & onus of an Earle, and of late time saith he 800 marks per annum was thought sufficient for a Marquesse, and 800 l. per annum for a Duke. See Cooke upon Littleton, lib. 2. cap. 3. Sect. 95. and in later times 40. l. per annum, See Cooke upon Littleton, [...] 2 cap, 3. Sect. 95. was thought fufficient for a Knight, as appeareth by the Statute still in force, whereby the King may compell any one of such estate to be Knighted, or else to fine, as Sir Thomas Smith relates de Repub. Angl. Lib. 1. Cap. 18.

I have read in a booke of church accounts belonging to St. Gabriel Fenchurch of Counsellors fees about some land; amongst other [Page] things. Item, paid to Mr. Recorder of London for his fee 12. d. In a Leidger booke of S [...]t Magn [...]s London for a Lawyers fee, and spent in wine at a meeting of the best of the Parish 8▪ d▪ All which fees wee know are now much encreased, and some 100 times doubled, yea the wages of the Scavenger or Kennell- [...]aker within our memory have been doubled or trebled, to what they were before.

According to these prices the livings in London were very great and the clergie of that city answerable to their Parishioners in ability, and as the Citizens were and are the wealthiest in the Kingdome, so the clergie had their estates answerable. The Benefice of St. Magnus in London none of the greatest Parishes, yet as appeares by the printed booke of the Common Customes of London, in this yeare 1494 which was in the 9. of Hen. 7. as it appeares by the particulars, was in all 105 l. 1. s. 11. d. of which is as much or more then it is now in Tythe, which summe in those times I dare affirme all things considered, would have gone as far to maintain one as 500 or 600 l. per annum, now & that a man might have lived as plentifully then with 100. as now with 5. or 600 l. which if it should be demanded or expected would be thought vn [...]e [...]sonable.

So then by this Tythe out of Houses, the maintenance of the clergie of London was great in comparison of those times, when the labour is many times doubled; what [Page] was then required, but to say Masse, which w [...]s an easie worke, p [...]eaching was little vsed vnlesse i [...] Lent or towar [...]s Easter, whereas now by Law or custome, besides all other Priestly duties, they must preach not quarterly or monethly, but weekely or oftner, or else be accounted dumbe dogs, one Sermon requiring more paines and labour then the reading of 40. Masses, which required some paines of the tongue but little or no study of the braine at all.

3. That besides the former Tythe which was in some sort prediall, they paid also personall Tythes of their cleer gaines as appeares by the award Bill above mentioned, 31. H. 6. and by the Decimary of St. Magnus, and by Lindwood in the place alledged, who disputes the case whether the Citizens were free from personall Tythes, by paying these Tythes of houses, and concludes negatively, all which personall Tythes are now quite disused, and if they should be demanded they would cry out as they did of Christ, that we come to torment them before their time, and would rather with the Gad [...]rens beseech vs all to depart their Coasts then put them to such charges, and considering the consciousnesse of those times, this revenue must needs be great, and would have amounted to more I dare say, then most of the Livings are at this day.

[Page]That the people made great conscience 4 of paying their Tythes & all duties in those dayes, and so payed them truly and fully. Hence it was that in their Wils and Testaments, something was alwaies bequeathed to the Priest, or to the High Altar, which came to his vse, in liew of Tythes pretermitted or forgotten, as may be seene in all old Wils, whereas now so farre some be from restitution, that when they are to leave the world, even then they take order in their Wils to defeate their Ministers, as I have seene some Testaments, wherein to prevent the Parsons Tythe, the Testator hath bequeathed certaine houses to be yearely let out at some small yearely rent, and the residue to be reserved in yearely fines for ever, which for what end it was done, any man may easily Judge.

That besides Tythes personall and 5 praediall, there were many other duties, amounting to as much, and in some places to more then the Tythe doth at this day, all which are now taken away as Chantryes, Obits, Mortuaries, offerings to Shrines, voluntary oblations, &c. which Chantries were sometimes founded in perpetuity, endowed with lands for ever, some others for certaine time as appeares by the Donnors Wils yet extant, and alwaies beneficiall to the Parson of the Church, who was sometimes [Page] solely endowed, and sometimes with the Wardens, more of which Chantries there were in London, then any where else, where scarce any Church but had one, and some three or foure.

I could instance in some small Parish Churches in London, where the Tythe is not above 80. l. when as the Chantry lands belonging anciently thereto, taken away by the Statute of 1. Edward 6. are at this day worth 500 l. or 600 l. per annum. The offering to the Jmage of the Virgin Mary at St. Magnus by London Bridge was worth 4. markes per annum 9. Hen. 7. as appeares by the Decimary aforesaid; How commonly were Masses then sold to deliver soules out of Purgatory, besides the foure offering dayes, vsed all over the Kingdome, which are now come to 2. d. at Easter.

How many voluntary oblations did people then give, few of any ability appearing at any time emptie handed; but now men will come with the wise men to worship Christ, yet they are growne too wise to open their Treasures, and offer to him: what the duties or payments were anciently for burials, weddings, and Churchings, we may conjecture by that Schedule annexed to the Bils which was put up in Starre-chamber by some Citizens, 25. Hen. 8. wherein though [Page] many impertinencies and vntruthes be alleaged, yet we m [...]y out of their mouthes convince those, who vse to object the Casuall duti [...]s now taken, as great exactions, lately brought up, and not anciently practised.

Duties anciently paid to the Parson or Curate for Weddings.

Du [...]ies anciently p [...]id to the P [...]s [...]n or Cu [...]ate for weddings.

1. There is laid upon the booke after the Custome.
l.
s.
d.

0
0
8

2. In the two Tapers at Masse.
0
0
2

3. In the Taper at the latter end of the Masse going to the Font.
0
0
1

These duti [...]s were not [...] same in [...] P [...] rishes, bu [...] d [...] fe [...]ing acco [...] dign to the severa [...]l custom [...]s of seve [...]all P [...] ri [...]hes.

4. The whole offering at Masse belongs to the Parson, unlesse the parties compound for it, giving sometime 2. s. or 3. s; or 6. s. 8. d. or more.
0
6
8

5. If any will be Married before the High Masse they pay 20. d. or 40. d. or 5. s.
0
5
0

6. For a Certificate when a man dwels in another Parish he payes 1. s. or 20. d. or 40. d.
0
3
4

For Burials.

1. If the party be Buried vnderstoole 1. s. or more, and every Priest in the Church 8. d. or more, else they doe not sing him to his Buriall.
0
1
0

0
0
8

2. At every moneth mind yeares, or obite, the Curate hath 8. d. or 12. d.
l.
s.
d.

0
1
0

And every Priest in the Church 4. d. or 6. d.
0
0
6

3. All the Tapers and waxe brought into the Church, with the Coarse if they be vnder a pound.

4. All the branches of white waxe if any be brought in with the Coarse, which branches cost 6. s. 8. d. some 10. s. some 13. s. 4. d. and some pay more.
0
13
4

5. For privy Tythes 20. d. 40. d. 5. s. 20. s. 40. s. or more.
2
0
0

6. To the High Altar as much for personall Tythe.
2
0
0

7. If any be buried out of his owne Parish, the Coarse must be first presented in his owne Church,

The same duties when he is bu [...]ed ou [...] of his owne Parish.

and dirge and Masse kept as amply, as in the place where it is buried.

8. For the Buriall in the Chancell or High Quire 10. s. or 13. s. 4. d. or 20. s.
1.
0
0

For Churchings.

1. For every Sunday when the woman lyes in for saying a Gospell 1. d. or 2. d.
0
0
2

1 At the Purification of Custome in the Taper 1. d. with the Chrysome and the whole o [...]fering by all the women at Masse.
0
0
1

1. Beadroll.

If any man would have his friends prayed for in the Beadroll, the Curate hath by yeare for every one 4. d. or 8. d.
l.
s.
d

0
0
8

1. Ho [...]sell at Easter.

Of mens wives, children and apprentises for their Communions at Easter for every head.
0
0
2

1. Tythes of Servants wa [...]ges.

Of all Servants that take wages, the 10. part of their wages for the privie Tythes, and for their housell at Easter.
0
0
2

At all Principall feasts, as Candlemas,

1. Mens devotions on divers dayes.

All soules day, Creeping on the Crosse, Good Friday, Easter day, in confessions at Lent, and other times of the yeare of the Patrons of the Church, divers offer some waxe, some money, which comes to the Parsons vse.

l.
s.
d.

Where a Saints Image stands without the Quire, to which a brotherhood belongs, the wardens of the brotherhood compound, some for 3 s. 4 d. 5 s. 6 s. 8 d. or more per annum, to have the brotherhood kept in the Church.
0
6
8

For sealing a Lease of a house belonging to the church 20 s. 40 s. 3 l. 4 l. or more.

Leases.

4
0
0

These duties although the Citizens complained off in Starchamber, togetherwith the tythes, yet the Lords Referrees as it seemes, saw so little reason to alter any one of them, that although they abated the Tythe to 2 s. 9 d. in the pound, yet they let those duties remaine as they did.

That the recovery of Tythes was easie in . those dayes, for Ordinaries were appointed in their Visitations to enquire of the detainers, and to curse the offendors; as appeares by Pope Nicholas his Bull, and if any did sue, the cause was heard summarily, sine judicii strepitu, no such delayes and chargeable suites as now, were then knowne, unlesse in some speciall case that concerned the whole City.

[Page]All these things considered, shew how liberally the Clergie were then provided for; although they had not, nor could have the charge which many now have, being then by Law prohibited to marrie, nor was their paines comparable to that which is now expected and required.

But no [...] all is cleane inverted, in stead of 3s. 6d. according to the true value of houses, there is not paid 2. s. 9. d. no not 9 pence in the pound throughout the Citie, take one house with another; as for personall tithes, they are things unknowne, not onely obits and Chantries abolished as superstitions, but also Mortuaries and voluntary oblations quite gone, and the recovery of that little Tithe which is left (if any deny to pay it) so beset with difficulties, that the most are glad to take any thing they can get, nor doth any one Parish, one of twentie pay him tithes according to any rent, either old or new, but some small summe such as the Parson and he can agree upon.

CHAP. III. The decimarie of St. Magnus London, with the Rents and Tithes of every house, according to the rate of 3 s. 6 d. in the pound, with the other duties for Burials, and Christnings, Weddings, &c. taken Anno 9. Hen. 7. and about that time printed.

[Page]

NOw that it may the better appeare both what rents were paid about those Tithes, and also how the Tythe and offering was paid accordingly; Wee have thought good to set downe the Decimarie of St. Magnus, London, as is extant in the said booke of Common Customes; wherein every mans Rent then paid is set downe, and withall the Tithe or offering which was paid exactly according to the said rate of three shillings sixe pence in the pound, one shilling 9 d. in the halfe pound, and 14. d. in the Noble, taken (as appeares there in the Yeare 1494.) which was in the 9. of Hen. 7. and about 40 Yeares after the Bull: and published by a Citizen.

The value and stint of of the Benefice of St. Magnus at London Bridge, yearely to their Parson.
The Reckoning of the same the first day of December, Anno Domini 1494.

[Page]

| Rent. | Tythe offering.
| l. | s. | d. | l. | s. | d.
ED [...]. Bellow. | 4 | 0 | 0 | 0 | 14 | 00
Hen: Somer. | 8 | 0 | 0 | 0 | 08 | 00
Tho: Cooper. | 4 | 6 | 8 | 0 | 15 | 2
— Heyman. | 1 | 13 | 4 | 0 | 5 | 10
Richard Arnold. | 10 | 0 | 0 | 1 | 15 | 0
Iohn Ball, | 2 | 0 | 0 | 0 | 7 | 0
Henry Can. | 2 | 13 | 4 | 0 | 9 | 4
Iames Rudston, | 3 | 03 | 4 | 0 | 11 | 8
William Gardiner. | 2 | 00 | 0 | 0 | 07 | 0
Roger Mayd, | 5 | 00 | 0 | 0 | 17 | 6
Thomas Farning | 2 | 06 | 8 | 00 | 08 | 2
Huntley, | 2 | 13 | 4 | 00 | 09 | 4
Iohn Young, | 2 | 06 | 8 | 00 | 08 | 2
William Mott, | 2 | 13 | 4 | 00 | 09 | 4
Peter Scott, | 4 | 03 | 4 | 00 | 14 | 7
Robert Vincent, | 2 | 6 | 8 | 0 | 08 | 2
Iohn Hum [...]rey, | 6 | 6 | 8 | 0 | 18 | 7
Tokas, | 0 | 13 | 4 | 0 | 2 | 4
Thomas Blount, | 2 | 13 | 4 | 0 | 9 | 4
Symkin Newton, | 3 | 3 | 4 | 0 | 11 | 0
Iohn Temple, | 2 | 0 | 0 | 0 | 07 | 0
Iohn Wilford, | 1 | 13 | 4 | 0 | 5 | 10
Iohn Palmer, | 1 | 15 | 0 | 0 | 6 | 1 ob
William Clerk, | 1 | 06 | 8 | 0 | 4 | 8
Thomas Horwood, | 1 | 06 | 8 | 0 | 4 | 8
William Alye, | 1 | 13 | 4 | 0 | 5 | 10
Thomas Knolling, | 1 | 6 | 8 | 0 | 4 | 8
Mr. Bull, | 1 | 0 | 0 | 0 | 3 | 6
Robert Seton. | 2 | 6 | 8 | 0 | 8 | 2
William Hadwele, | 2 | 6 | 8 | 0 | 10 | 1
Mr. Stockton, | 1 | 6 | 8 | 0 | 4 | 8
Iohn Gregory, | 2 | 0 | 0 | 0 | 7 | 0
Thomas Britt | 1 | 10 | 0 | 0 | 5 | 3
Thomas Mattr, | 1 | 06 | 8 | 0 | 4 | 8
Gilbert Forman, | 1 | 06 | 8 | 0 | 4 | 8
Walter Boswell, | 2 | 00 | 0 | 0 | 7 | 0
Richard White, | 5 | 00 | 00 | 0 | 17 | 6
William Steed, | 11 | 0 | 0 | 1 | 18 | 6
Iohn Hasteler, | 4 | 0 | 0 | 0 | 14 | 0
Richard Borne, | 5 | 0 | 0 | 0 | 17 | 6
Richard Watron, | 2 | 0 | 0 | 0 | 7 | 0
Richard Franklin, | 1. | 6 | 8 | 0 | 4 | 8
Richard Aliff. | 1 | 13 | 4 | 0 | 5 | 10
Re [...]nald Iames, | 1 | 0 | 0 | 0 | 3 | 6
William Roming, | 1 | 0 | 0 | 0 | 3 | 6
Richard Gariner, | 1 | 6 | 8 | 0 | 4 | 8
Rich: Gardiner, | 2 | 0 | 0 | 0 | 7 | 0
Henry Thomson, | 1 | 6 | 8 | 0 | 4 | 8
Thomas Morton, | 3 | 6 | 8⁰ | 0 | 11 | 8
Richard Iames, | 1 | 6 | 8 | 0 | 4 | 8
Iohn Rolchant, | 3 | 10 | 0 | 0 | 12 | 3
William VVeller, | 1 | 10 | 0 | 0 | 5 | 3
Iohn Ford, | 1 | 6 | 8 | 0 | 4 | 8
Iohn Adam, | 1 | 6 | 8 | 0 | 4 | 8
William Blanck, | 1 | 10 | 0 | 0 | 5 | 3
Iohn Ford, | 1 | 6 | 8 | 0 | 4 | 8
Iohn Adam, | 1 | 6 | 8 | 0 | 4 | 8
William Blanck, | 1 | 10 | 0 | 0 | 5 | 3
Iohn Browne, | 1 | 6 | 8 | 0 | 4 | 8
— Holinby, | 3 | 0 | 0 | 0 | 10 | 6
Iohn Calker. | 1 | 6 | 8 | 0 | 6 | 5
Iohn Etton, | 1 | 13 | 4 | 0 | 5 | 10
Simkin Mott, | 2 | 6 | 8 | 0 | 8 | 2
Henry Sander, | 1 | 13 | 4 | 0 | 5 | 10
Iohn Slingsbie, | 2 | 0 | 0 | 0 | 7 | 0
Iames Walker, | 2 | 0 | 0 | 0 | 7 | 0
Nicholas Hill, | 1 | 13 | 4 | 0 | 5 | 10
Andrew Austen, | 4 | 00 | 0 | 0 | 14 | 0
Bartholm: Dwele, | 2 | 6 | 8 | 0 | 8 | 2
Will: [...]uringfield, | 2 | 0 | 0 | 0 | 7 | 0
William Grin, | 4 | 10 | 0 | 0 | 15 | 9
Iohn Has [...]ilar, | 1 | 13 | 4 | 0 | 5 | 10
Iohn Iarret, | 4 | 00 | 0 | 0 | 14 | 0
Richard Clerke, | 3 | 00 | 0 | 0 | 10. | 6
Robert La [...]be, | 5 | 6 | 8 | 0 | 18 | 8
Stephen We [...]ou▪ | 4 | 0 | 0 | 0 | 14 | 0
Iohn, Alkin, | 2 | 13 | 4 | 0 | 9 | 4
Richard Hayell, | 3 | 3 | 4 | 0 | 11 | 1
Thomas Petite, | 10 | 13 | 4 | 1 | 17 | 4
William Dekin, | 2 | 13 | 4 | 0 | 9 | 4
Henry Crechin, | 1 | 6 | 8 | 0 | 4 | 8
Thomas Burget, | 5 | 6 | 8 | 0 | 18 | 8
Iohn Farmar. | 5 | 6 | 8 | 0 | 18 | 8
Kichard Ieffrey, | 11 | 6 | 8 | 1 | 19 | 8
Thomas Elven, | 6 | 13 | 4 | 1 | 3 | 4
Henry Bube, | 3 | 6 | 8 | 0 | 11 | 8
Iohn Chawbes, | 2 | 6 | 8 | 0 | 8 | 2
Robert Blake, | 3 | 0 | 0 | 0 | 10 | 6
Ech. wife, | 1 | 0 | 0 | 0 | 3 | 6
Ech. wife, | 1 | 10 | 0 | 0 | 5 | 3
Baldwin Hawkins, | 2 | 6 | 8 | 0 | 8 | 2
Iohn Hawkins, | 5 | 6 | 8 | 0 | 18 | 8
Thomas Ladall, | 5 | 10 | 0 | 0 | 19 | 3
Thomas Brooke, | 4 | 0 | 0 | 0 | 14 | 2
William Pawley, | 1 | 13 | 4 | 0 | 5 | 10
William Bowar, | 3 | 6 | 8 | 0 | 11 | 8
William Bowar, | 0 | 19 | 0 | 0 | 3 | 4
Sol: Wife | 0 | 13 | 4 | 0 | 2 | 4
VVilliam Barre, | 0 | 10 | 0 | 0 | 1 | 9
Iohn Peirson, | 0 | 10 | 0 | 0 | 1 | 9
Iohn Barbary, | 0 | 10 | 0 | 0 | 1 | 9
Marion Gregory, | 0 | 10 | 0 | 0 | 1 | 9
Kobert Bartiles, | 5 | 6 | 8 | 0 | 18 | 8
Mrs. Newman, | 2 | 6 | 8 | 0 | 8 | 2
Richard Hill▪ | 07 | 0 | 0 | 1 | 4 | 6
William Lawrence for a house of I. R. | 2 | 13 | 4 | 0 | 9 | 4
Roger, | 5 | 00 | 0 | 0 | 17 | 6
The same R. for a Flaxe shop. | 01 | 0 | 0 | 0 | 3 | 6
Iohn Pye, | 0 | 13 | 4 | 0 | 2 | 4
Richard Knyt, | 6 | 13 | 4 | 1 | 3 | 4
Richard Gough, | 6 | 6 | 8 | 1 | 2 | 2
Richard Mathew, | 3 | 6 | 8 | 0 | 11 | 8
Gregory Stot. | 4 | 6 | 8 | 0 | 15 | 2
Alexand: Perpoint, | 5 | 13 | 4 | 0 | 19 | 10
Iohn Ben, | 4 | 0 | 0 | 0 | 14 | 0
Iohn Ben for a watring place. | 0 | 10 | 0 | 0 | 01 | 6
The same for a Cellar, | 0 | 6 | 8 | 0 | 01 | 2
Iohn Trowth, | 11 | 13 | 4 | 2 | 0 | 0
Iohn Alman, | 12 | 0 | 0 | 2 | 2 | 0
Iohn Turke, | 4 | 00 | 0 | 0 | 14 | 0
Iohn Kirby, | 16 | 00 | 0 | 2 | 16 | 0
Philip Se [...]er, | 6 | 0 | 0 | 1 | 01 | 0
Ed. Garrard, | 1 | 6 | 8 | 0 | 4 | 8
Thomas Lyon, | 4 | 0 | 0 | 0 | 14 | 0
Nic. Morton, | 3 | 0 | 0 | 0 | 10 | 6
William Ramsey, | 5 | 0 | 0 | 0 | 17 | 6
Thomas Dolphin, | 8 | 0 | 0 | 1 | 08 | 0
William Atkinson, | 3 | 16 | 0 | 0 | 13 | 5
Iohn Smith, | 4 | 13 | 4 | 0 | 16 | 4
Iustin Wife, | 2 | 6 | 8 | 0 | 8 | 2
William Hop, | 7 | 6 | 8 | 1 | 5 | 8
Richard Cockis. | 3 | 6 | 8 | 0 | 11 | 8

Summe of all the Rent is: | l. | s. | d.
434 | 12 | 8.
The summe of the Offerings. | l. | s. | d.
75 | 8 | 8. ob.

The shops in Bridge-street.

Thomas Lidall for two shops. | l. | s. | d. | l. | s. | d.
9 | 6 | 8 | 1 | 12 | 8
Iohn Thornton, | 2 | 10 | 0 | 0 | 8 | 9
Gregory Stot, | 2 | 13 | 4 | 0 | 9 | 4
William Panley, | 4 | 00 | 0 | 0 | 14 | 0
Richard Knight, | 6 | 13 | 4 | 1 | 3 | 4
Thomas Legg, | 5 | 6 | 8 | 0 | 18 | 8
Henry Shotford, | 3 | 0 | 0 | 0 | 10 | 6

[Page]

| Rents, | Tythe or Offerings.
| l. | s. | d. | l. | s. | d.
Iohn Palmer, | 5 | 0 | 0 | 0 | 17 | 6
Thomas Gasley, | 2 | 16 | 8 | 0 | 9 | 11
Riehard Cox, | 4 | 3 | 4 | 0 | 14 | 7
Iohn Austen, | 4 | 0 | 0 | 0 | 14 | 0
[...]hn Turk, | 3 | 13 | 4 | 0 | 12 | 10
Iohn Sepman, | 2 | 13 | 4 | 0 | 9 | 4
VVilliam Ramsely, | 5 | 0 | 0 | 0 | 17 | 6
The same VVilliam, | 2 | 6 | 8 | 0 | 11 | 8
Thomas Brooke. | 6 | 0 | 0 | 0 | 18 | 8

The summe of the Rent of the shops. | l. | s. | d.
70 | 3 | 4.
The summe of the Offerings for them. | l. | s. | d.
12 | 3 | 4.
Item, the parsonage valet. | 2. | 13. | 4
Item, the Image of our Lady at the Bridge valet. | l. | s. | d.
1. | 13 | 4.
VVeddings, burials, Puri [...]ications, Crysomes, and privie Tythe. | 12 | 13 | 4
Summe of this part. | 17 | 00 | 00
Summe of the whole Revenues. | 105 | 1 | 11 [...].

These be the costs and charges belonging to the same Church of St. Magnus.

[Page]

| l. | s. | d.
First, the Priests wages. | 10 | 0 | 0
For waxe to the high Altar. | 01 | 0 | 0
For the pension of the same. | 02 | 0 | 0
For washing of Altars on Munday, Thursday. | 00 | 5 | 0
For Frankinsence. | 00 | 10 | 0
Some of the charge | 13 | 5 | 10
So the summe of the cleare value of the Benefice was this yeare. | 91 | 16 | 1 ½.

In this Rentall of St. Magnus wee may observe.

1. That the Rents were not then kept secret or unknown, but notorious, and that the Rent and Tythe still agreed together; wheras now scarce any one house in a Parish, payes tithes according to any Rent new or old, because the Rents are kept secret.

2. That tithe was paid according to the full and extended Rents of those times▪ [Page] which were the true value of the houses, for we find rents of 8 l. x l. 11 l. 12 l. 16 l. per annum, which were as high rents as 80 l. 90. l. 100 l. are now, and divers shops let at 5 l. 6 l. 20 nobles, x l. which was without doubt, the utmost value in those times.

That where the old summes were lesse then a Noble, they paid according to the proportion of 14 d. in the Noble; custome it seemes prevailing therein, as Peter Scots, hous [...], whose rent is 4. l. 3. s. 4. d the offering was 14. [...]. 7. d. where 7. d. is for the odd tenne groates, and Iohn Palme [...]s whose rent is 35. shillings, the offering 6 s. 1. d. ob. where for the [...] pound is 3. s. 6. d. for the two Nobles 2 s. 4 d. and for the odde 20 d. 3 d. ob. which is all 6 s. 1. d. ob.

4. That they paid tythe then for shops and al, as well as dwelling houses, though divided from dwelling houses, which many Citizens afterwards would have had exempted, as appeares by a suit in the arches 32. Hen. 8. and many now exempt them under other names, calling their shops sheds, stalls, or standings.

5. That privie Tythes, and Duties for burials, Weddings, and Churchings were then paid, besides this 3 s. 6. d. in the pound, and therefor [...] are no new devices of the present Rectors, as some have said, for there we see, they come to a good summe, per annum, viz. 12. l. 13. s. 4. d. which alone would have [Page] maintained a Parson, aswell then as 100 l. now, which few of the London livings are now worth.

CHAP. IV. The award and Proclamation for the 2 s, 9. d. in the pound, 25. Henry 8. confirmed by Act of Parliament, 27. Hen. 8.

HOw the tithe came from 3. s. 6. d. to 2. s. 9. d. in the pound, wee shewed in the first Chapter; now because the award and Proclamation there mentioned, are not extant in print, & yet are in force by Act of Parliament, 27. Hen. 8. I have thought fit to adde them here.

The Coppie of the Kings Letters Pattents, wherein the award is recited and confirmed.

HENRY by the grace of God King of England, and of France, Defendor of the Faith, and Lord of Ireland. To our trusty and welbeloved, the Major, Aldermen, and Sheriffes of London, and to every of them greeting. Whereas variances betweene the Parsons and [Page] Curates of Our city of London, on the one party, and Our loving Subjects the Inhabitants of the same our City of the other partie, for and concerning Tythes, Oblations, and other Duties, hath long depended, indiscussed, and being lately compromitted by both of the said parties to the arbitrement of the most R [...]verend Father in GOD, Thomas Archbishop of Canterburie, Primate and Metropolitan of England, and to Our right trustie, and entirely beloved cosen, Sir Thomas Awdely Knight, Our Chancellor of England, and to Our right trustie and welbeloved Counsellor, the Bishop of Winchester, Thomas Cromwell Esquire, Master of Our Iewells, and Our two chiefe Iustices of either Bench, who travelling herein, have taken this order to bee kept, at this holy time of Easter.

That is to say, That every our Subjects shall pay to the Parson or Curate where hee inhabiteth, after the rate of two shillings nine pence in the pound, and sixteene pence ½ in the halfe pound, and so alwayes ascending from halfe pound to halfe pound. And also that mens wives, their Servants, children, and Apprentices, taking and receiving the Holy Sacrament, shall pay every of them for their foure offering dayes, two pence, and this to be done quietly and charitably without grudge, or murmure, [Page] at this holy time of Easter, till such time as our said Counsellors, shall finally and definitely end and determine the variance for this and all other causes depending betweene the said parties, as to Right, Equitie, and good Conscience shall appertaine.

VVee therefore will and command you, and every of you, to signifie to all our loving Subjects in every Parish in our said citie: That Our pleasure is, that they, and every of them shall obey, observe, and performe at the holy time of Easter, the order of the said Counsellours in forme above rehearsed, without contradiction hereof in any behalfe, declaring to them that their so doing shall not turne, nor be alleadged to their prejudice, hurt or dammage, in and vpon the finall conclusion of all the said variances, to the definitive arbitrement whereof our said Counsellors intend (God willing) to proceed with all speed, and diligence, after the said Feast of Easter: And if any contemne the order of our said Counsellors in this behalfe, wee will then, if after honest monition, hee refuse so to doe, hee be committed to ward safely to be kept, till Our further pleasure be knowne in this behalfe, not failing this to doe, as ye intend the [Page] advancement of Iustice and quietnesse of our people.

In witnesse whereof, Wee have caused this Our Letters to be made Pattents. VVitnesse Our selfe at Westminster the second day of Aprill, the 25. yeare of Our Raigne.

CAILLOR.

Ex tract. per Robert. Michel. deput. Com. Cleric. Civitat. London.

A Proclamation concerning payment of Tythes and oblations, as well within the City of LONDON, or elsewhere within the Realme.

[Page]

THE Kings most excellent Majesty, having perfect knowledge, and understanding, that aswell his loving Subjects, Citizens of the city of London of the one party, as the Parsons and curats of the churches of the said city of the other party, by their mutuall assents, compromitted themselves to stand to, abide and performe, the Order, Decree, and arbitrement of his right trusty, and right entirely beloved Counsellors: The most reverend Father in God, Thomas Archbishop of Canterbury, Metropolitan and Primate of England, Thomas Awdeley Lord Chancellor of England. The Reverend Father in God, Steven Bishop of Winchester, Thomas Cromwell Esquire chiefe Secretary to the Kings Highnesse, and Mr. of the Rolls. Iohn Fitz-Iames Knight, chiefe Justice of Pleas, to be holden before the Kings Highnesse, and Robert Norwich Knight, chiefe Justice of the Common [Page] [...]ench, in and upon the debate, and variance that was moved betweene the said parties upon the Rule, and certaintie of Tythe offerings▪ and other duties claimed by the said Par [...]n and Curats to be payed by the Kings said subjects, the Citizens of his said Citie. Whereupon the said Counsellors of our said Sover [...]ine Lord by great advice, and delib [...]ration, by one accord, and assent among other t [...]n [...]s have ordained and decreed, That every the Kings said Subjects, Citizens and I [...]h [...]bit [...]n [...]s of his said City, should from the time of their award and Decree, pay for their Tythes 16 d. ob. for every 10 s. of the House [...]ent, [...]nd for every 20 s. 2 s. 9 d. and so accounting and ascending alwayes by ten shillings, should pay for every ten shillings, after the rate of 16 d. ob. and not above: And yet neverthelesse, the Kings Highnesse is informed, that divers, and sundry persons which inhabit within his said City, not onely refuse to pay the said Tythes according as is limitted by the said Counsellors; but also that many of the said Citizens, and of other the Kings Subjects, inhabiting in sundry parts of this Realme, grudged, and murmured, to pay their Tithe Offerings, and o [...]her lawfull duties to the Parsons, Vicars, and others having cure of their soules, like as heretofore by the lawdable Customes of [Page] this Realme they have done and beene, accustomed to doe and obs [...]inately, and wilfully withdraw and detaine their said Duties against Justice, Equitie, Reason, and good Conscience, to the great perill of their soules.

For Reformation whereof the Kings said Royall Majesty being the supreame Head on Earth, under God of the Church of England minding and intending to maintaine and sustaine the Honour of GOD, and the Godly observances, and [...]ightfull duties, customable, and by lawdab [...] custome due to the Ecclesiasticall Ministers of t [...]e Church of ENGLAND, in as large and ample manner, as heretofore hath beene lawdable and honourablie used within this Realme.

Doth therefore by his present Proclamation straightly charge and command, all and every his said Subjects of his said City, to satisfie, pay and content, their Parsons, Vicars, and others having cure of their soules, in the name and liew of their Tythes, after the rate above expressed, and limitted by the Kings said Counsellors. And tha [...] all such of his said Citie as pay lesse of ye [...]ly Farme then ten s [...]illings, [Page] and all and every other person, and persons, men, women, or Children, which doe inhabit the said City (being of age to receive the blessed Sacrament of the Altar, the erronious doctrine of Transubstantiation was not then abolished; the very bodie of our Lord Iesus Christ) shall pay yearely for the foure offering d [...]yes 2 d. (the Housholders inhabiting within the said city, paying above the yearly Rent of x s. onely for their owne perso [...]s excepted, and to be discharged of the 2. d. for the s [...]id foure Offerings.) And over this, his Highnesse straightly chargeth and comm [...]nds, That all and every other his subjects, in all other parts of this his Realme, shall pay and content to the Parsons, Vicars, and other the Ministers of the Church, and having cure, such Tythes, aswell praediall; as personall offerings, and other duties, which by the lawdab [...]e customes of the Realme, they heretofore have been obliged, accustomed, and bound to pay, without detaining any p [...]rt thereof, and without further denial, contradiction, molestation, or trouble in that behalfe; upon paine that every person offending this his gratious Proclamation, is to have imprisonment, and to m [...]ke Fine at his gratious pleasure, and over, that the off [...]dors shall runne into his Highnesse disp [...]ea [...]u [...]e, [...]nd indignation: And his Majestie also ch [...]rges and commands, aswell all and [Page] singular Archbishops, Bishops, and all others having Ecclesiasticall jurisdiction; as all a [...]d singular Majors, Sheriffes, Bayliffes, Aldermen, and all other his Ministers true Leigemen and Subjects, aswell of this city of London, as else-where within this Realme, that they and every of them, put their effectuall endeavours for the due execution of this his Proclamation from time to time, as to them shall appertaine, upon the paines above rehearsed.

God save the King.

Thomas Berthelet Regius Impressor Excudebat. Cum Privilegio.

The date of this Proclamation is not expressed, but it appeares to have bin presently upon the award in the same yeare of his Reigne: for it must needs be after the award which it r [...]cites, and confirmes by the Act of Parliament in the 21 yeare, wherin it stands confirmed, it appears to have bin before Easter, 1535. which was towards the la [...]ter end of the 25 yeare of his Reigne.

In this award and Proclamation, onely the qu [...]ntity of the tythe is altered from 3s. 6 d. to 2 s. 9 d. in all other things, the former [Page] customes and constitutions are left in force, so that if formerly the rates were paid according to the true value of houses, and recovered before the Ecclesiasticall Iudge, as certainly they were, the same course was to be observed still, as appeares by the suites and sentences in the arches, here mentioned before.

CHAP. V. Concerning the meaning of the Decree of 37. Hen. 8. that Tythe is due according to improved Rent, if reserved by that name of Rent, granted by the City Counsell. The case of double Leases, annuall Fynes, Arguments on both sides. Answers to the Legality, and convenience of paying according to improved rent: A briefe survay of the Livings, as they now are, and they could arise unto according to the value of houses, with the moderate desires and demands of the present Clergie, in the late suite before his Majesty.

FOR the conclusion of this tre [...]tise I have [...]hought fit to set do [...]ne some of t [...]se Arguments o [...] both sides, in the points [...]hi [...]y contro [...]ert [...]d about the [Page] sense of the last Decree of 37 Hen. 8. wherein we must know first that there are some things cleare▪ and without controversie.

1. It is granted by Counsell learned of all sides, that whatsoever some bold Ignaroes talke of old Rents: that if a greater rent be reserved at any time by the name of Rent upon any house, then the old Rent, that then Tythe ought to be payed according to two shillings 9 pence in the Pound, according to the improved rent, though the rent bee the full value of the House. This appeares by divers Orders, made by the Lords Majors themselves; wherein Tythe hath be [...]n decreed, according to the full improved rent, reserved by name of rent.

2. It is granted likewise by Counsell, That if an improved Rent bee reserved by the Owner or Inheritor of the House, that his Act shall charge the House with Tithe accordingly for ever, though lesse Rent bee reserved afterwards by fines or fraudes, or any other devices, unlesse the house come to be lesser worth in true yearlie value.

3. They grant likewise, That if a Lessee shall let out his house in part or in whole at a full Rent by the name [Page] of Rent, though afterwards he let the same out for lesse rent by reason of Fines, or double Leases, yet the Tithe shall be paid according to the highest rent, during the time or tearme of yeares which the said chiefe Lessee hath in his house.

1. Cases controverted, are chiefly these; where the old Rent is still continued without encrease, by reason of Fynes really paid before hand; whither the Tythe shall bee paid according to the true value of the house or of the old Rent.

2. When the old rent is onely reserved by the name of Rent, and the improvement is and hath alwayes beene reserved by other names, as Fynes, Annuities, New-yeares gifts, &c. to be yearly and quarterly paid, as the Rent is, and to begin and end with the Lease, done purposely to prevent their Parsons Tythes, whither those payments bee Rents as to the payment of Tythes, and according to the true intent of the Decree.

Whither the jurisdiction Ecclesiasticall be quite taken away by the Decree, and the Major be made sole Judge, or whither it remaine in the same state it was before the said De [...]ree.

The first of these I will not insist upon, bec [...]use there are few such instances to bee found without a [...]y augmentations of Rents, [Page] by fines really paid; The most of the frauds, and practises having been invented since the encrease of rents, and therefore I [...] that over and shall onely propound [...] A [...]guments about the two latter [...] I shall not take upon me to [...] thing, but submit all to the [...] of the learned professors of the [...].

That [...] annuall payments, are rents,The Case. and l [...]bl [...] to Tythes, as when one lets a House for 1 [...]. [...]. supp [...]sed to bee the accustomed re [...]t, and reserves 50. l. more by Covenant as [...] year [...]ly fine, to begin and end with the le [...], and to bee paid at the same dayes of p [...]yment with the r [...]nt, that this is a rent and ly [...]ble to the payment of Tythes may be proved.

1 From the usu [...]ll acception of the word in cō [...]on speac [...], which agrees with the Etymologie (redditus a reddendo or reditus a redeund [...]) If a man doe but let out his mony he cals [...] interest rent. If one aske one that holds such a lease i [...] question what rent he paies, h [...] s [...]it [...] he sits at a deere rent reckoning all th [...] ye [...]rely payments; and therefore when the L [...]nd [...]ord and Tennant agree, th [...]y agree for so mu [...] rent, till the lease come to bee m [...]de by the S [...]rive [...]er: who tels them they mu [...]t take some course, to prevent the Parson, who will else claime his Tythes after [Page] the full rent, and yet some, even after such leases made give acquittances for all in the name of Rent; Now here the Civill Law saith, Communis usus loquendi praevalet rigori & significationi Verborum, and the Common Law attributes much to Common speech 39. Edw. 3.11. Sir Moyle Finches Case, Col. 6.63, &c.

2. Legally, properly, and even in the construction of the Common Law it is a Rent; It is none indeed of Littletons Rents, nor rent change, nor rent seck, nor rent service, it issues not out of the soyle, no distresse c [...]n be taken, descends not to the heire, nor is incident to the reversion, entry of the lessor doth not suspend it, &c.

All this is granted, but yet many things goe vnder the name of Rent, [...]ven legally, and properly which are none of Littletons rents.

J grant you 20. l. during your life to bee taken of my person, without charging of my land: This is a rent as appeares by the Registers, the most fundamentall booke of Common Law, and by the originall writs, which being the ground of suites are most accurate and curious in names Register, fol. 159. The writ of annuity. Rex vic. sal. precipe A quod juste reddat. B. 20. libraes quae ei aretro sunt de annuo reditu 20. solidorum here an annuity is called rent.

[Page] Fitzherbert nat Br. 152. speakes of a rent Issant hors de Cofers 29. Hen. 6.12. Margery Parke [...]s case, Royne grant a lui vn annuell rent de 20. l. pour terme de vie a recever, de quadam pecuniae summa assignata, in partem dotis ipsius Reginae de magna Custuma London. 1. Henry 6. we read of a rent reserved upon a Chattell personall, a flock of sheep and such like, and yet in all these cases, you may say, No distresse, no assize, no action of debt till the Tearme be ended & all nothing to the purpose, See 30. ass. plo. 5. Shard 14. Edw. 3. scire facias 122. Co. 5. seignior Mount joyes Case.

But must every Statute that speakes of rent extend to those rents;Object. Answer. No Statutes must bee taken Secundum subjectam materiam, for such a rent as this is,Sr R. Ct. not within 32. Hen. 8. of leases by Tennant in tayle, nor of 1. Eliz. leases by Bishops, nor of 13. Eliz. leases by Deanes and Chapters, for as it is said, Coo. 8.60. Bishop Farnius case, those Statutes looke to the benefit of the heire or their successour, and therefore must bee intended of a rent incident to the Reversion, and issuing out of a thing Maynorable; [Page] but in our case the Statute lookes to the benefit of a stranger; the Parson to whom it is not materiall what rent it is, so it be a yearely p [...]yment.

3. Though it were no rent in the Common law, yet without all doubt it is in the Ecclesiasticall Law, according to which it must be here expounded.

4. That it is a Rent in that Law is manifest Pensio quae provenit domo vel habitatione, & redditus praedialis. Lindwood, fol. 109, and in the enlishing of the Constitutions above mentioned, Annua Pensio domus, is rendred Rent, payment, price, pension, farme in the old booke of Customes. Now that in matters Ecclesiasticall, the Common Law judgeth according to the Ecclesiasticall law is certaine, for even in speciall Courts of Common Law it judgeth as those Courts would. In matters customary it altereth the Common Law to fit them to the Custome, quia dominus remisit Curiam.

The Statute 31. Hen. 3. Cap. 3. when a man dies intestate, the Ordinary shall depute the next and most lawfull friends of the person dying, intestate to administer his goods. Now by goods at the Common Law are not meant leases for yeares, Wardship, Prochyn, avoidance 4. Edw. 6. Br▪ grants. 51. If J make you a deed of gift of all my goods Omnia bona mea, you shall have [Page] none of these, yet it was alwaies taken Sans Contradiction; That the Ordinary may by thes [...] words grant administration of leases. And if an administration of goods be granted without more words, Wray said 22. Eliz. such an administration hath power to deale with leases for yeares, because the Spirituall Law so takes the word Bona by which wee are to judge. But this is our case, for now in like manner the Spirituall Law under Rent includes this annuall payment, and Ergo the Judges are to take it so.

5. That it must needs bee a Rent within the intent, and true meaning of this decree appeares.

1. It was made for the maintenance of the Clergie, and so pro bono Ecclesiae, and consequently [...]or the maintenance of Religion and Seruice of God: How Summa est ratio quae pro Religione facit.

2. It was made to suppresse fraud and covyn, it is spoken of thorough all the branches of the decree.

Now the Civill law saith, Dolis & fraudibus omnibus modis occurrendum, then specially such frauds as this, for Statutes of such a nature, [...]re extended by equity beyond the word, and therefore well may the word here be taken so farre as Common speach d [...]h extend them: for this favour the Judges have ever extended even to Statutes [Page] most penall, for words must stoope to meaning, not meaning to words, and yet this decree must be extended in equitie euen beyond what the words will beare in Common sense in some Cases.

The Register and Fitz-herbert Nat. Br. fol. 152. tells us of Redditus Robae, and like. Now suppose a man make a lease of a House in London, reserving so many furrs so many Robes shall not the Parson have his Tythes of every 10 s. valewe, a man makes a lease, and the Lessee covenants in the same Indenture to pay for it 10 s. yearly and this without intent to defraud the Parson. Beestons Case Plowden 131.2. doubts whither this bee rent, and the Pryor of Binghams Case is vouched that it is no rent fol. 136.2. But is there any doubt, but this is a rent within the Decree.

Or if one make a lease of a house and the Lessee grants him a yearly fine during the tearme, and if it bee behind hee shall distrayne for it.

This is no rent but an annuity and the clause of distresse onely a penalty. Butts Case Coo. 7.23.2. yet no doubt the Tythe is due to the Parson.

[Page]This Decree comes instead of that provision formerly made for Tythes in London, and not by enlarging, but by way of diminution, taking from the Clergie 9. d. in the pound which they had before, and therefore ought to be taken strictly against them, and larg [...]ly for them.

4. Without all question the meaning of the Decree was that the rates therein expressed should be paid as the rates formerly in vse were paid before the decree; for though there was made an alteration of the rates, 3. s. 6. d. made 2. s. 9. d. yet it was never intended, but that the manner of payment should continue, and therefore rent in the decree must be tak [...]n as it was formerly taken by constitution or custome, before the Decree which was for any kind of payment, as is manifest for the practise of former times, appeares by the names then vsed, viz. rent, pensions, payment, price: in the Booke of Customes, it is called rent or Farme in the Proclamation confirmed by Act of Parliament, 27. Hen. 8. The Citizens never payd according to any fixed rents, but as the Rent improved, so did the Tythe: as appears by Arundels constitution, declaring that if the rent were above 4. d. the [Page] old Rent of some house in those times, then they should pay to whatsoever summe it arose, by the Bull ordaining to pay Secundum verum valorem pro quo domus Secundum veram existimationem locari poterit, by the award 31. Hen. 6. wherein Houses let out or kept by the owners were to pay after a common valew, by the Decimary of St. Magnus in the Booke of Customes, 7. Henry 7. wherein they pay after the full Rents, some 10. pounds, some 16. l. which was as high a rent then as one hundred pounds now; By the Bill in Starre-chamber, 25. Henry 8. wherein the city sets out that the rents of houses were enhansed and doubled, and that they paid Tythe after the enhansed Rents, and that divers new houses were built in void grounds, and some newly repaired, and that they payed Tythe for them as for other houses, which they would not have done, had they been as wise as men are now. And in all former controversies about Tythes, even in those which occasioned the decrees of 25. and 37. Henry 8. there was no question made at all about the Rent, for which the Tythe was to bee paid but about the quantity, how much in the pound, and therefore the occasion of the decree being onely to settle that, it could never intend to alter other things which were not at all in question, for such leases and [Page] Fines were never paid before the Decree, nor many yeares after.

Decree in the Exchequer, for the true value in Ivats case. 16 Iac.

4. By a Decree in the Exchequer Pasch. 16. Iac. the Barons declare that they conceived the meaning to be that Tithes should be paid according to the true value, as the houses are worth to be let per annum.

5. The practice of the Ecclesiasticall Courts, is such, that divers sentences have bin given for payment, according to the true value, whether the annuall payment were called Fine or Rent.

6. The Decree provides, that where more rent is reserved, for implements of brewing, dying, &c. a third penny shall be abated, and where lesse rent is reserved, by ruine, fire, or any other casualties, there shal be abatement of tithe accordingly, and therefore it must needes be meant; that in other Cases the house should p [...]y according to the value.

Those annuall payments are not Fines in common sp [...]ech, nor accordi [...]g to a [...]cie [...]t use, and there [...]ore could n [...]ver be intended to be exempted from tythes, for as there were few Fines antiently, so usually they were, some small summe which the Less [...]r [Page] had beene at, for reparation, which the Tenant was to pay at his comming in, but now by Fine they reserve the whole value of the house, besides in common speech, a Fine is a summe payed before hand and therefore called an Incombe, & so in this Decree, is called a Fine paid before hand, and in some places a grosse summe, the rent being paid in many summes afterwards; wheras in these practises, the Fine and rent differ not but in name, and by as good reason, the Country-m [...]n that called his pigs puppies, might refuse to pay his tithe pig, because puppies are not Titheable, besides the reason why Fines are p [...]id, is either to furnish the Landlord with ready money, or to ease the Tennant by bringing downe the Rent, or to secure the Rent to the Landlord, by a Fine paid before hand: None of which reasons are of any use here, so that the onely cause is the Parsons tithe, and therfore no such Leases are knowne in any partof the Kingdome besides.

The encrease of Rent is either because the house is greater, or fitter for a greater family, or because Trading encreaseth, and Rent riseth, in both which cases, all reason requires that the Tithe should encrease. For by the first, the Parson hath a greater charge of [Page] soules. By the second, the Parishioner is better able to give, his gaines being greater.

9. Otherwise, divers absurdities will follow hereupon, for by this device in a new house, a new Parishiner, shall come and partake sacr [...] & sacramenta, and yet be bound to pay nothing to the Parson, reserving all by Fine.

Heer [...] is Officium sine beneficio. Besides hereby the Ministers meanes, shall stand at a stay for ever, though all meanes of livelyhood grow ten times dearer, hereby the 9. parts shall encrease to the owner, and not the tenth part to the Parson, &c.

10. These practises were resolved by all the Reverend Bishops under their hands, and by both the Universities, Anno 1620. to be utterly unlawfull in point of conscience.

There can be no fraud here by the common law,Object against the legality. because the Parson hath no present right, or interest in being, nor by the Decree.

First, because this is a rate Tithe.

Secondly, because the second clause requires onely, that where no rent, or lesse then was wont is reserved, the Tythe shall be paid according to the rent, for which it was last letten.

The ground of this is false,Answ, that there can [Page] be no fraud, but where the party hath a present right: This is against as many Acts of Parliament almost as speake of fraud instance M [...]rlebe cap. 6. De his q [...]i primogenitos, &c. of those that enfeose their heires within Age to defraud the Lords of their Wardships, the statute saith not, that shall hereafter enfeoffe, but Qui feof [...]re solent, so here was a fraud by common law before the statute though not made void, and so penall till the statute, and yet the Lords which were defrauded had no present right for their interest groweth long after, by the death of the tennant that made the Feofment. See 13. Eliz. Dy. 294.

Here is quasi a Rent in Esse, and to grow upon an instant; for in the instant, that the Lease is made, the right of the Parson growes to have the Tithe.

The very Decree m [...]kes it fraud against the Parson, disertis verbis, as 27. Eliz. doth against a purchaser, that purchaseth the [...]and after.

To the second part I answer first, this rate Tythe must follow the rent, and if that bee uncertaine, then is the Tythe also, and so subject to fraud.

Secondly, for the clause of the Decree, I answer there is Fraus in intentione, and fraus [Page]in executione; here is an intent of fraud, but in effect there is none, for he intended to deceive the Decree, and it deceived him, where he in [...]ended an annuall payment to bee no [...]en [...], which the Decree saith is a Rent, and so Titheable, so fraus in authorem redit, and so fraud is out of doores, besides the substance or body of the Decree is the first clause, and the question rests, whither this annuall payment be a rent within that clause of the Decree, which if it be, the branch following nihil operatur fraude, or no fraud, within that branch is not materiall.

By the Decrees and Acts of 27. & 37. Hen. 8. a new duty is created, for no tythes were paid before, but oblations onely, for the Churches of London had nothing but oblations and obventions, and therefore the tythes being onely by sorce of those statutes the words must be expounded not according to former practises, but according to the common Law.

This is clearely otherwise, for these payments are not tythes more now then heretofore, nor lesse heretofore then now. For though two [...]hillings nine pence bee more then a tenth part, yet it is called a tythe, and so was the three shillings sixe pence long before [Page] either of the decrees of 25. or 37. Hen 8. in Arundels constitution, 21. Richard 2. Anno 2397. they are called Oblationes seu decimae, Lindwood who lived in Anno 1422. saith in the place alledged cap. 1. they are paid in liew of prediall Tithes of houses, and recompence of want of glebes, referring himselfe to the constitution of Roger Niger, then extant: in divers suites and sentences in the Courts Ecclesiasticall, they are called Decimae, in a Libell in the Arches. 10. Hen. 8. they be thrice called Decimae. In a sentence there 18. H. 8. it is said to be secundum consuetudinem solvendum Decimas in Civitate London. In ye Acts of cōmon Counsel, 19 H 8. It is said the Bull confirmed by that Court, 14. Ed. 4. was concerning Tythes and Oblations, so in the suit in Starchamber, 25. Hen. 8. they are called Tythes, and the witnesses depose for 40 50.60. yeares, these payments were paid sometimes quarterly, sometimes at Easter, by the name of oblations, or tithes, so that the custome of offering upon each severall day was left off, and the payments made yearly or quarterly long before, 25. Hen. 8. so that it is certaine, neither the name, nor the nature of those pay ments, or duties, are altered by any Act of Parliament as is commonly (but ignorantly by many affirmed) but onely the quantity made lesse,Object. 3. vide p. vlt. as appeares by what is [Page] formerly said.

But there is a clause in the decree, that where lesse then 2. s. 9. d. for every 20 s. rent hath bin accustomed to be paid for tythes,Objections there such tithe shall be paid onely, as hath beene accustomed.

This clause is by some expounded of St. Martin le grand which is in the city,Answ. but not of the city, and the out Parishes which pay 2 s. in the pound by custome, but this cannot be, for those places are not within the decree (wch extends onely to the liberties of the city) and therfore they cannot be excepted out of a rule wherein they were never included. It must be therefore meant of such parishes or places within the city, which by special custome pretended to pay only after the rate of 2. s. in the pound, as appeares by thee citizens bill in Starchamber. 25. H. 8. wherein they name som [...] such places within the city, and by the Majors precept upon the order then made, directed to every Ward, wherein it is expressed, that such as paid onely 2. s. in the pound, should pay no more. Now though this were pretended by the city in that Bill, yet it appeares by the depositions their proofe came short herein, and therefore the makers of the Decree, doe not specifie this rate of two shillings in the pound, but doe onely in the generall say, that where lesse then [Page] 2. s. 9. d. was accustomed to be paid, lesse should be paid, leaving them which alledged the said custome or any other to prove the same.

Now seeing no parish or place in London doth at this day pay according to that rate of 2. s. in the pound, or of any lesser summe, nor was any such custome ever yet proved (though often alleadged) and whosoever wil prove any, must prove a custome of paying after such a rate, before the 37. of Hen. 8 which at this day is impossible for any to doe, it followes there, that this proviso is of no use now in the Decre [...], nor can it any way bene [...]it any of thecity in this case, nor indeed could any man in any suite yet make use thereof.

The livings in London would be too great, Parsons would be all Bishops, some worth 2000. l. per annum, if tythes were paid according to improved Rents.

Jt is unjust to detaine any mans right, though it would make him never so rich: Would any rich man thinke it fitte that others should defraud [Page] them of their right, because if it were paid they would be too rich, and because the Parsons would be little Bishops if they had all, must they therefore live like Beggers.

If any Living should swell to so great a proportion, the remedy should be to divide the Parish into more Parishes, and not to deprive the Church of its due.

But to answer this more particularly.

1. These Objections concerne not the 97. Parishes within the Wals where few new buildings can be raised, & if the Tythes were payd according to the vtmo [...]t value there would be within the Wals.

1. Eight Benefices not worth above 100 markes or 100 l. per annum.

2. Not above 3. within the Wals worth 500 l. per annum.

3 Not above 6. more worth 400 l. per annum.

The rest would be between 100 and 300 pounds per annum, and the most of them not above 150 or 200 l. per annum.

2. If Tythes were thus paid it would be.

1. No more then Livings of the like value in the Kings Bookes in the Country, for some are at 60. l. some at 70. divers at 40. l. and 30. l. and few lesse then 20. l.

2. Nor so great as where there is like number of Inhabitants of farre lesse ability in the Country, where some Farmer not [Page] worth 500 l. p [...]yes more Tythe then 20. of the best houses in London.

3. Nor neere so great as before the Decree when yet they could not have such charges being to live single, and their paines not comparable to preaching now vsed, the bare Tythe of St. Magnus Anno 1474. besides Oblations, mortuaries, obits, trentals, Chantries, &c. which were very many and great was 87. l. 11. s. 11. d. ob. which was as sufficient maintenance then as 500 l. now, and yet the Tythe is not above 84. l. and stands in the Kings bookes taxed at above 69. l. besides 40. s. in Pensions.

4. Nor should the Clergie have more free maintenance then is suitable to their education and charge, nor above ordinary Citizens among whom they live who are many of them worth 5. or 6. Bishops, or halfe the Parsons in London.

2. For the Parishes without the Wals by reason of new building they are swolne very big, yet the biggest would not be worth above 1500 l. per annum or thereabouts, as hath appeared by a valuation made of every house, but here consider;

1. These stand a great part without the liberties, and so are not within the Decree.

2. They be all appropriate, save St. Andrewes [Page] in Holberne, and St. Buttolph Bishopsgate.

3. They are so great that they are fit to be divided, and so the maintenance would be but reasonable.

4. The particular Parishioners there shall pay no more then those in the least Parishes in London, so that there would be no greater burthen to any particular man by the Parsons benefit.

5. The Parsons in those Parishes are at more charge and paines, and must keepe two. or 3. assistants.

3. Thirdly, the desires of the present Clergie for encrease of their maintenance were conceived, to be so moderate by all indifferent men, that one may justly wonder how they could be rejected; for in their demands lately tendered and sen [...] to the severall Parishes, we may observe these particulars.

1. There are 30. Parishes within the Wals wherein they desired not that the whole Tythe should exceed 100 l. per annum, and in most of those Parishes lesse was desired, in some 80. l. in some 70. l. in some not above 50. l. per annum.

2. There was but one Parish within the Wals, wherein was desired 300. l. per annum, nor above 3. more where in was desired 200 l. per annum or vpwards in Tythe.

[Page]3. The whole Tythe demanded in all the rest of the Parishes within the Wals was betweene 100 l. and 200 pounds per annum.

4. Even in the greatest Parishes without the Wals there was not above 100 l. per annum desired in any, above that which is now paid, which yet is no more then some small Parishes within the Wals have allowed for a yearely Lecture.

These demands were all they desired the Tythe should bee raised vnto, and that no greater summe should be paid▪ provided that their successours might not hereby be concluded or shut up, but that vpon the variation of times some way might be open upon just cause for such alteration of the rates, as the King and State should thinke fit.

Object.The Livings are competent already and some of late improved.

Answer.The Competency will appeare by a generall survey of their present estate, viz.

1. There be 20. Livings within the Wals vnder 40. l. per annum, and some of them 20. l. some 30 l. in Tythes.

2. There is but one within the Wals worth 100 l. or upward in Tythes.

3. There are not above 20. that exceed 70. l. per annum, whereof few arise to 100 l. all the rest within the Wals are within 40▪ l. and 70 l. per annum.

[Page]All without the Wals and within the Liberties are apppropriate but two.

The Casuall profits are not equall to the yearely charge issuing out by tenths, Pensions, procurations, &c. and wherein some few Livings there is a little gleabe which was in the most part of the Parsonage-House devided and let out, there are about 20. Livings that have not so much as a dwelling House.

CHAP. VI. The second Case concerning Ecclesiasticall Iurisdiction for Tythes in London. That the Lord Majors power is not exclusive to the Ordinaries, but onely accumulative.

THat the Ecclesiasticall Jurisdiction concerning Tythes in London is not taken away by any of the Decrees, or Acts of Parliament, but remaines in statu quo prius.

1. It is granted, that before 37. Hen. 8. the Jurisdiction remained, nor was any new duty of Tythe then created as is before proved: Now supposing the Decree to be an Act, there are no negative words to take it away, and an Act of Parliament in the affirmative [Page] doth not take away the Jurisdiction Ecclesiasticall, unlesse some negative words bee added, as not otherwise, nor in other manner, &c. as Cooke in Cawdries case, who saith, It is the generall rule in all their Bookes, citing divers authorities to this purpose.

2 The parties compromitting were only the Curates and the Citizens, and not the Ordinary; and therefore no Act made by vertue of that compromise can bind the Ordinary or take away his Jurisdiction; for the Act of Parliament saith onely, it [...]hall bind the said parties, viz. Curates, and Citizens, and their Heires and Successours, but mentions not the Ordinary.

3 The originall Decree was delivered by the Lords to the Bishop of London, to be kept in his Registry, and in the time of King Edward 6. the Lords of the Counsell whereof some were makers of the Decree, gave order to the Bishop of London in the Kings name,Acts and Monuments, v [...]l, 2. fol. 1187. Col. 2. artic [...] 5. to cause the Citizens to p [...]y their Tythes, which he could not doe without Jurisdiction.

4. Pro [...]ibitions were never granted anciently in the time of Queen Eliz. upon such suggestions, as they are granted for in the Country, Circa metas & bound [...]s, and Circa modum decimandi, &c.

[Page]5. Though the jurisdiction were quite taken away, yet it is restord againe 1.2, Ph. and Mary Cap. 8. towards the end, which sets the Bishops in the same State for jurisdiction and cognizance of causes, as they were before 20. Hen. 8. and if any say that Statute is repealed 1. Eliz. cap. 1. I answer not wholy but in part, [...]or this clause stands confirmed by generall words, viz. That all Acts and clauses of any Statute repe [...]ted by that of 1. & 2. Ph. & Mary. and not revi [...]ed by that of 1. Eliz. shall stand still repealed, and therefore if that part of the Decree which takes from the jurisdiction Ecclesiasticall, were repealed by 1. and 2. Ph. & Mar. then it stands repealed still, & by the same clause is that of 1. Edw. 6. cap. 2. concerning Bishops sending processe in the Kings name, and vnder his seale repe [...] led, or else its not repealed to this day, for though it were repealed in 1. Mariae, 2. chap. yet that Act 1. Mariae is repealed againe by 1. Ia [...]o [...]i 25.

6▪ Besides Tythes in their o [...]ne nature are originally of Eccle [...]iasticall cognizance, and so whatsoever comes in the name of Tythe, except by speciall words it be otherwise determined (which is not here) remaines of Ecclesiasticall cognizances. 7. Jn the Exchequer, 16. Iack. Ivalts case, it was over ruled, against the defendants plea of the Lord Majors being to be Judge.

[Page]That notwithstanding that Court had knowledge, the impropriation being held in Fee-farme of the King, and upon this ground, that the Majors power was not exclusive to any other Jurisdiction, but onely accumulative.

7. Lastly, it appeares by what was said before Cap. 1. That before this Decree the Ordinaries Iurisdiction, was not in question, for that the City put up a Bill in Parliament, 35, Henry 8. that none might sue for Tythes any where, but in the Spirituall Courts or by action of debt at the Common law, which shewes it was never intended nor desired that the Ordinary should be divested of his power.

Objec [...].It is objected that the Major is the onely Judge named in the Decree, and the Tythes herein mentioned are not nor can be claimed by any other Law then by this Decree, and therefore cannot be sued for before any other Judge, then such as the Decree directs vnto.

Answer.This Argument takes that for granted, which is vtterly denyed, viz. That the Tythes in London are grounded onely upon the Decree of 37. Hen. 8. as if there were no other Law now in force which is apparantly an error; for this Decree doth not abrogate nor nullifie any other Law formerly inforce, further then where it was contrary to this.

[Page]Now it is certaine that 2. s. 9. d. in the pound, was due by lawes in force before this Decree, viz. by the Award and Proclamation in 25. Hen. 8. confirmed by Act of Parliament, 27. Hen. 8. The force of which Award and Proclamation, and Act were no waies nullified by this Decree, but were onely confirmed and explained thereby, in some things then doubtfull, so that they were then and are still in force; and therefore seeing that by them the Ordinaries power was not extinct as is cleare and granted by all; it is as cleere that there is nothing in this Act to exstinguish it, for the Major had power by the Statute of 25. H. 8. as well as by this of 37. Henry 8. and there are no negative words in this more then in that.

Yea, not onely are the Award and Proclamation of 27. Hen. 8. and Act of Parliament of 27. Hen. 8. still in force, but also the Constitution of Roger Niger and Archbishop Arundell, with the award made in 32. Hen. 6. and other lawes then in vse, are all as may be probably concluded at this day in force, viz. so farre as they are not contrary to the Act and Decree of 37. Hen. 8. for if they were abrogated, I would gladly know when and by whom. In the 25. H. 8. they were not nor by the Statute of 27. Henry 8. for then onely the quantity was [Page] al [...]ered from 3. s. 6. d. to 2. s. 9. d. and in all other things the payment was left to the former Lawes and Constitutions and Customes according to which the controversies were determined arising after that time, as appeares by the sentences still remaining on Record, and in the 37. Hen. 8. there is nothing abrogates any of them further then when they are contrary to what was then decreed, and therefore it is probably thought by some that for non payment the Major Excom. is now incurred ipso facto according to Arundels Constitution, and that none ought to be absolved without payment Nisi in articulo mortis, as is there set downe, and certaine it is, that if this last Decree were quite abrogate, the Clergie might have as good Law for their Tythes as they have now.

Further I answer, that though the Ordinary had no Jurisdiction formerly, yet the very nature of Tythes here decreed gives him jurisdiction, vnlesse negative words had beene added.

It is further said, that the nature of these payments is altered by this Decree, oblations are made Tythes, and though formerly the Ordinary had power, whilest they had the name of Oblations, yet now another Iudge being mentioned, and the Oblations become Tythes the Case is altered.

[Page]This is cleerely refuted by the precedent Historie,Answer. whereby it is manifest that neither the name, nor the nature was altered by this Decree. The Proclamation appoints 2. s. 9. d. to be paid for Tythes, and 2. d. at Easter for oblation or offering.

So the Award 25. Hen. 8. and so most of the precedent Acts style them Tythes, and long before not onely this last Decree, but before 25. Hen. 8. yea before the time of Henry 8. the payment on severall offering daies was disused, and the whole payed in one or 4. entire payments by the name of Tythes, and yet it is most certaine that then the Ordinary had this Jurisdiction, and that solely.

But it seemes these two Iurisdictions of the Ordinary and Lord Major cannot both stand by the Letter of the Decree, for by the Decree, Object: if any difference arise-upon complaint of the party grieved, the Major may make an end, and force the parties to stand to his Decree: Now suppose the Ordinary should determine otherwise concerning the same matter and force, by censures of the Church, the parties to o [...]ey his sentence, h [...]re it will bee doubtfull to whom obedience must be given, and so the one Iurisdiction must destroy the other.

[Page] Answer.J answer first, it may well be affirmed, that by the party grieved can be only meant the Minister; for wherein can the Citizen be grieved, if the Minister demand more then his due, the Citizen may with-hold payment, and so long J hope hee is not grieved by the Ministers demand.

If it be said, hee is grieved when hee is sued in the Spirituall Court, J answer, that this grievance cannot bee heere meant, because first, the party must bee grieved with some thing mentioned in the Decree, which this is not; and secondly, the grievance must bee such as the Lord Major can helpe or remedy, but this hee cannot; for he never did, nor can stay the proceeding in any Spirituall Court, nor ever used any compulsive power against any Minister, but against the Atturney onely, according to the words of the Statute 27 Hen. 8.

Secondly, J answer by propounding the like question. The Exchequer hath power to determine matters of Tythe in London where the Living is impropriate and held in Fee-farme of the King, as hath beene often adjudged, especially in Ivats Case, 16. Iacob. Now suppose that Court and the Major make contrary Decrees, which of [Page] them must bee obeyed, or how can the words of the Statute bee made good for the Lord Majors power. Heere I know it will bee answered, that the Exchequer being the higher Court must take place, and the Lord Major may not meddle with causes there depending, but I say this is not mentioned in the Decree, but onely gathered by consequence; because that Court had jurisdiction before the Decree, which Jurisdiction is not taken away by the Decree, and if so, then the very same answer doe J give for the Spirituall Court which is superiour to the Majors in matters of Tythes, and had power before him many hundred yeares in this Case, so that hee ought not to meddle with matters there depending.

But Statutes and Acts of Parliament must bee expounded by Iudges at Common Law? Object. 4 [...]

This makes nothing to the question;Answ. 1. for first the Lord Major is none of those Judges, and secondly, this proves onely that the Judges may prohibite the Spirituall Court if it proceed contrary to the true meaning of the Decree; but if it proceed according to the true sence of it, then it may proceed otherwise.

No Ordinary could hold out plea for [Page] Tythes in the Countrey, because there are Statutes made for all Tythes in the time of Henry 8. and Edward 6. which yet wee know they did, and may doe lawfully, and are never prohibited but upon suggestion, that they proceed contrary to the meaning of those Statutes and Customes, which the Iudges conceive they onely are to interpret.

FINIS.

Notes

*

by reserving the vent under other na [...]es, as annuall & quarterly fine [...], du [...]ing the lease annuities, new-years gifts, interest monyes, rent for implemēts, and houshold stuffe, & by double lea [...]es, & the like,

↵

Errata graviora.

Page 5, line 20. for could, read would.

Page 6. l 6. dele of. and in Marg. for i [...]tituled, r. impri [...]ted.

Page ibid. line 7. for l [...]st, read L [...]st.

Page ibid. line 30▪ for vent, read [...].

Page [...]2, line ult. for i [...]rease, read c [...]c [...]ss [...].

Page 13, line 4, for foure, read forty.

Page 14, line 19. del [...] of. Page 15, line 15, dele Bill.

Page ibid. line 25. for [...], read c [...]sci [...]tio [...]snesse.

Page 20, line 22, for of, read [...].

Page 24, line 9, col. 2, for 0. l. 8, [...]. d. read 1. l. [...]

Page 21, in the Marg. for 9, read 6.

[Page]

Information about this book

Title statement

An abstract of a treatise concerning the payment of tythes and oblations in London shewing the antiquitie of those payments according to the rents of houses : that they were payed by positive constitutions, according to the true value of the houses, ever since the yeare 1230 and by antient costome long before : till the quantitie, not the name or nature was altred in time of Henry 8 from 3.s. 6.d. in the pound, to 2. s. 9. d. in the pound as it is now : the liberall maintenance of the clergie of London in former times : the award and Proclamation 25. Henry 8 confirmed by Act of Parliament 27, Hen. 8 : the matters now controverted about double leases, annuall fines, &c. and concerning the jurisdiction ecclesiasticall for tythes of London : a generall survey of the value of the London benefices both as they are now, and also what they might arise unto if tythes were truly payed according to the value of houses : the moderate demands of the clergie, with other matters pertinent to this subject.

Walton, Brian, 1600-1661.

Edition statement

1641

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2005-03 (EEBO-TCP Phase 1).

ID [DLPS]

A67457

ID [STC]

Wing W653

ID [STC]

ESTC R7934

ID [EEBO-CITATION]

13103363

ID [OCLC]

ocm 13103363

ID [VID]

97441

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Early English books online.

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(EEBO-TCP ; phase 1, no. A67457)

Transcribed from: (Early English Books Online ; image set 97441)

Images scanned from microfilm: (Early English books, 1641-1700 ; 260:E206, no 13)

Source

— An abstract of a treatise concerning the payment of tythes and oblations in London shewing the antiquitie of those payments according to the rents of houses : that they were payed by positive constitutions, according to the true value of the houses, ever since the yeare 1230 and by antient costome long before : till the quantitie, not the name or nature was altred in time of Henry 8 from 3.s. 6.d. in the pound, to 2. s. 9. d. in the pound as it is now : the liberall maintenance of the clergie of London in former times : the award and Proclamation 25. Henry 8 confirmed by Act of Parliament 27, Hen. 8 : the matters now controverted about double leases, annuall fines, &c. and concerning the jurisdiction ecclesiasticall for tythes of London : a generall survey of the value of the London benefices both as they are now, and also what they might arise unto if tythes were truly payed according to the value of houses : the moderate demands of the clergie, with other matters pertinent to this subject., Walton, Brian, 1600-1661..

Extent

[2], 74 p.

s.n.]. [London? :: 1641.. (The treatise is attributed to Brian Walton by Halkett and Laing.) (Reproduction of original in Thomason Collection, British Library.)

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